All right. Good morning everyone. We're going to call this meeting to order. Uh it is 9:01. Today is Monday, December 1st. We are at the town hall uh in the chambers. Obviously, all the council members are present. Town attorney, town clerk, uh deputy, town manager is back.
Welcome back. If you please rise for the invocation followed by the pledge of allegiance >> as we next is the approval of the final agenda. Is there any changes or a motion to approve the final agenda? >> Move to approve. >> A motion by councelor King. I'll second.
Any further discussion? >> All those in favor signify by saying I. >> I opposed hearing none. That motion carries unanimously. Next is public comment. Madam clerk, >> I have one signed up. Uh, Barbara Puffer. >> Yeah,
>> just push the button. >> Gotcha. It's on green. All right. Good morning. Thank you for letting us have this public comment point in the meeting. My name is Barbara Puffer. I live at Astero Cove down the street
south end. I've owned since 1991. We've seen I'm here today representing my own condo which is 180 pe people 180 units not 180 people quite quite more than that and loosely representing another group we call the black party
which runs from island pines road through to Lenel that's probably about 600 condos we are all very much 100% in support of the plan that's running through town now for the old um Windup property, the
Pullman property across the street from where I live. We've seen the drawings. We've talked to the owner. We've had meetings with the owner just recently. So, we know what his intentions are. Um and we know that he has a representative in town dotting all the eyes and
crossing all the tees. So, my main message is we are in 100% in support. In seeing the drawings, we noticed um in particular that the infrastructure behind this one-story tiki bar
restaurant and the rest of the property will be parking. We noticed that it's all on wheels. So, we're hoping that that satisfies all the FEMA requirements and complaints we've had for so long since Ian. We hope they'll start on the right foot that that will also help push
this through um the town departments. The owner has we have benefited as residents and the town from their large ass for 3 years. They have not charged us for all the activity. If you live down that end,
you know there's a lot of activity on that property. There still is. The property that's uh filled the south end of that property right now full of huge trucks. Uklids very very large equipment. Uh he did not get permission
for that. He's he has spoken to uh the subcontractor which he tells us is with the town. Um I'm just saying what he said to us and uh asked him to clean out but it's not cleaned out yet. Of most concern to us are the five fuel tanks
there and the two fuel cells there that are uh they use it as a gas station every day. There are even signs on one of the tanks that says you will not use this f fuel on a public road, but there are trucks going in and out and in and out. So, it's also next to the lagoon
and posted critical wildlife area. I would think you'd be much more concerned than what Barbara Puffer looks at out her window. You should be concerned about that, too. But mainly, my time's running out. We're 100% behind that project. Whatever you can do to move it along, you know, the South End needs
something. Thank you. >> Thank you, Barbara. >> I probably have signed up for public comment. >> Okay. Is there anyone else? Come on up. >> Yep. That one should just be able to talk right into it. >> Good morning. >> Good morning.
>> Terry Kaine, resident. I just went through the comprehensive plan corrections. Thank you very much for doing that. I have two suggestions today. Um one is that we don't go through this again the way we did now. Um, so I'm hoping for a little bug in
the air idea that some kind of committee is created annually, something that only has to meet once or twice a year to review where we are in our comprehensive plan, what we need to do in our comprehensive plan, what we need to do in the future with our comprehensive plan. And I would love to see a
committee of some kind that has somebody from every walk of life, a waitress, a realer, you know, whatever, an environmentalist. Um, and then at the end of 10 years, you would have a big review, you know, just a a ongoing annual review to see how we're doing.
Unfortunately, I don't think we did that in the past, and we've gone many, many years without it. Okay. So, off of the comprehensive plan, I bet you're all doing that, aren't you? Um, and on to the other thing I want to make public comment on and a suggestion is on D
resolution 25331 RFP 2601PW. It's on your page 4, Fort Myers Beach Landscaping and Irrigation. You're about ready to um you already put
out to bid. You have a a contractor. I read your RFP last night and um I'm concerned about the plant list that this town has. I don't know where it came from. I don't remember it being created. Um I've been around a while so I know
some of those things. Um and I would just like to see it revised. The plant list for the town of Fort Myers Beach has already be been created in two separate areas that your staff can use for resources. um what you want to grow on the east side of Astero Boulevard is different than what grows on the west
side of Asterero Boulevard. You have the management plan for Boutage Point that has the plant list in it and that would be the east side. You have the management plan for the Matanis Pass preserve that would be what grows on the west side. Included in it as well are the exotics. What is a little
distressing to me in the town's RFP is that they have exotics listed being allowed to be planted, especially the mayo. And they don't even say what species of mayhaho because we have two different kinds. But um I would just like that to be revised and and and as
you're going in for preparing for the agreement for the new RFP um I think the person that you've given this to I think somewhere in their new um agreement should state native plants only. Thank you.
>> Thank you. Is there anyone else who'd like to speak in public comment? All right. Seeing none, we'll close public comment. Local achievements and recognitions. Councelor King. I have nothing. >> In the interest of time, I'll pass as well.
>> All right, councelor Link. >> I do. >> So, I'd like to recognize the men and women of the US Coast Guard Auxiliary Flotilla 91 here on Fort Myers Beach for their ongoing service and highlight
their current call for volunteers to help both on and off the water. Thank you for keeping our water and our boers safe. This latest accident, I think, made us all aware of how quickly life can change. You can contact Daniel
Eaton, the Fotillaa public affairs officer at 239-690-6780. No experience is needed and they'll provide all the training. So, they're looking for volunteers. Thank you. >> Thank you, Vice Mayor Stafford. >> Uh, yes. I'd like to give a a big shout
out to the Chamber of Commerce for the fantastic event, uh, Sand Sculpting. And I also like to thank the private partners that p private and public partners that uh donated parking lots for all our nonprofits um including EIBC, the town of Fort
Myers Beach, Beach Baptist, Meersside, Hoosiers in Paradise, which is Eddie Century 21, Tri Power, Judy Hadia, Neptune in Sand Cap Bank, San Raphael's, and the goods. And I'd like to give a special thanks to to Jeff and his team.
Thank you so much. you your support was great down there with the helping with with everything. Really appreciate it. >> Very good. I won't restate it, but very well said. That was what was on mine. We'll move forward. Next, we have um
advisory committee items, reports, and appointments. Anchorage Advisory Committee. >> Yes, sir. >> Morning, Chris. >> Good morning, counselors. Good morning, town staff. I'm Chris King, the chair of the Anchorage Advisory Committee, and just want to give you a update on a few things that we're working on. Um, first
of all, thank you for your permission last time I was here to move forward with our cruisers appreciation day set for April 12th in 2026. Um, we'll move into full preparation mode at our meeting in January for that. You should have a copy of the roles and
responsibilities document that we prepared in your packet. Uh, don't pay any attention to the highlights. That was where Curtis added some information for us. But um we prepared that based on a lot of other documents that had been out and about for years. We took a look at what was really relevant for today
and came up with that document. Um town manager has always already made some edits. Curtis made some edits. So I think the next step for that is really for uh the town attorney to take a look at that and include it in any applicable documentation that you have. Our real
our intention was really just to sort of level set on our roles and responsibilities. Um the Anchorage Advisory Committee has been around for a while and a lot of the things that were in some of those documents was not necessarily up to date. Um and we're hoping that this sort of document can be
a model for other advisory committees so that we can have some sort of consistency around how the advisory committees are organized and governed. So I don't know if you have any comments or questions about what we put in there. Uh I don't know if you've had a chance to take a look at it, but um as far as
we're concerned, this is what we're putting forth and we would just like permission for that to be, you know, given to the town attorney and added to any sort of documents that it needs to be. >> Go ahead. >> Questions? >> I would just say uh thank you, Madam Chair, for your uh efforts uh as well as
the uh the full committee as well. This is the kind of stuff that uh doesn't garner headlines but it's the basic blocking tacking of government and to to take the time and effort that you all have done to clarify the roles and
codify them in in with uh language and updating it. It's uh again it's not sexy stuff but it's important and I appreciate your efforts. >> Well, thank you. Anyone have any objections to Chris's request to send it forward?
>> Um, can I just make a comment? >> You sure can. >> Um, thank you Chris for doing this. This is a lot of work and I do appreciate it. Um, what I wanted to point out to the council is uh page six documents pertaining to the Anchorage Advisory
Committee. So there you'll see that there is the submerged land lease agreement which is uh still valid goes through 20 32. Um that agreement is probably with the state I would assume and so amending that to include any of
these things would probably be time consuming and probably doesn't get us where we want to go. However, moving down to the next two items that you have. Um number two is your code of ordinances. um cross reference to all
the different changes and then your management plan. So the items that are in there, I I breezed over them as well. I didn't see anything that I felt was um out of line or inappropriate. But the
question then is really would you prefer to have it in your ordinances or would you prefer to have it as part of your management plan? The difference being that if it is codified in your ordinances, which you can do,
um it would take basically two readings to change it. If you put it in your management plan, that could be done by resolution, uh which would only require one reading. So, if that isn't a concern to you, um I
would like some direction. Um or maybe I could just sit down with Chris and we can go over it. Um, but you lose a little bit of flexibility if you go with an ordinance, but not too much because you still control your ordinances. Um,
you don't you lose a lot of flexibility if you try to put something into the submerged land lease, which looks like it goes through 2032. Um, so that's a sleeping dog we don't want to disturb. Um, but anyway, if if
anybody has any thoughts to to begin the conversation, I'm again I'm happy to work with Chris and um and bring you something forward. >> I I I would just I I would echo that and I I I think that's very appropriate. I I I think that two of you talking and working together and making
recommendation. Of course, whatever you recommend, Nancy, might be presidential for our other advisory committee. So, you might think about what's best public policy and how best to do that. But I I think I think uh I would yield to your wisdom on that because I think again as
in this instance I think the more flexibility we have the better but at the same time we need to be sensitive to how this will impact all the other advisory committees as well. >> And if I would might add I mean what we really wanted to do is come up with some sort of consistency because um when you onboard people to your committee it's
hard to keep that momentum going because they don't really understand what the benchmark responsibilities are. There's no there's no background document. So, wherever it makes the most sense to add this, you know, Nancy, for going forward for making sure that when we bring new people onto committees, we can point to
that and say, "And this is what you're expected to do. Here's your here's your responsibilities." >> So, currently in your code of ordinances, it's in section 2-94, there is um a short paragraph on each of the committees and and what they are
supposed to do. Um perhaps even another option might be to have some kind of policy manual um that could be referenced in your code for each of your committees, but then having the manual be very uh flexible as needed. Um
it's just another thought. >> Yeah, I don't have any I'm with I'm with Jim. I don't have any issues with you two working it out and whatever is the best path forward for not only AAC but all all the committees I'm in favor of. >> Okay. >> All right.
>> Great. Okay. Few other things. Um we were asked to think about our 2026 objectives. So I'm going to I think that was also included in your packet, but I'll read those for you. Um, we want to support efforts to have a fully functional mooring field with all of our balls operational, optimal occupancy and
financially sustainable. Longer term support efforts for the town to have more permanent upgraded upland facilities and facilities for staff operations. Second, drive and support educational, promotional, and marketing efforts to increase understanding and awareness of the moing field as well as usage of it.
and third, partner on discussions and activities associated with related future efforts, including ferry service and canal maintenance and dredging plans. So, I'm hoping that those are in alignment with what the council would like us to be working on. If there's any thoughts and suggestions about changes
to those, totally willing, open. >> John, anything? >> I think you do good work, dear. >> Thank you. >> Well said, Jim. I think it's a great uh uh outlook and I appreciate you including the language about the ferry in there as well.
>> Rebecca >> Chris, thanks for your work. I love the structure. Thank you, >> Scott. >> Yeah, thanks for all your hard work and I that event you had last year was fantastic and I look forward I think it'll be even better this year. So, >> yep, it will be because we'll have moved it up for a couple weeks and we should
have more more voters attending. So, that was great. >> Great. Very good. Thanks, Chris. Great work. Okay, couple more things and then I'll leave you alone. Um, we're excited about the town's new all-purpose boat. So, we're looking forward to that coming online and replacing the existing
pontoon boat, which will be kind of end of life, and I'm not sure what's going to happen to it, but it's time for that to go. So, if there can be some activities announcing the new boat, perhaps a a a contest to name it, a christening, anything to celebrate and
bring awareness to, you know, our maritime operations and what everybody does to keep our waterways safe. >> I'm all about a christening. >> Are you? Thank you. Okay. All right. >> Oh, wow. >> Must be a Monday.
>> Yeah. He's here all week, folks. Okay. Um, and my final uh my final thing that I want to mention is just a kudos to a citizen on the island who I think did a really great thing and came up with a way to have a conversation about a
problem that she is incurring. So that my kudos go to Mary Torusen and as you know nothing on this island is easy. We have a lot of jurisdictions. we have the town, we have the county, we have the state, we have federal, and who else knows who needs to weigh in on things?
So, when she recognized that there was an issue with people exceeding the speed limit in the bay, um she brought it upon herself to bring a bunch of stakeholders together to talk about the problem in a very productive way, in a very
thoughtful way. Um these stakeholders represented LCSO and um FWC and the Coast Guard auxiliary, the chamber um pod protectors. And the issue really is by people speeding in the bay. They're
causing damage to um bay owners docks because the water is slloshing up and and especially at high tide, that's a problem. It's also not safe for people to be speeding around in very small channels and it's not safe for our wildlife. So instead of, you know,
sending nasty emails and and expecting the town to fix it, she brought these people together to have a very productive conversation. Um, it was great dialogue. I was there, Curtis and Chad were there, and we were able to listen to people um, you know, talk about what potential solutions could be
this to this issue. So, I really applaud her for doing this on her own time, her own dime. Um, you know, she brought it together. What's going to come out of this are there's a number of solutions that are long-term and short-term, but primarily it's about education and making sure that all of the boat rental
companies, the Airbnbs, the condo owners understand what it really means to have no wake or slow. And it differs by boat. I mean, that was one educational piece that it depends on what kind of boat you have to actually figure out what that
means. So the next step is going to be a meeting in January bringing together all of those organizations to really talk about education and have have them understand their accountabilities. Um and then we can move forward from that and see if we could do some technological things like geo fencing,
geo targeting. So if people get into a certain area, they could receive a ding on their phone or a ding on an app that's saying, "Hey, you're going too fast. You need to slow down." So, there's a lot of things that could come out of this, but again, I just wanted to give kudos to Mary for taking a very productive approach.
>> Very good. >> One last thing, uh, Chris, if I could, because you've given a nice flavor of the Anchorage Advisory Committee this morning. I just would be remiss if I didn't mention there is a current vacancy on the committee. So, if anybody's watching or knows somebody who might be interested in these types of issues, please reach out to Amy, our
clerk, and she'll get you uh get you an application and we'll get you on board. >> Thank you. Sounds like it might be a good fit for Miss uh Miss Mary herself. >> Uh yeah, I've already reached out, but she's, you know, got a lot of women's club stuff going, so >> anything else. >> Thank you, Chris.
>> All right. Thank you so much. >> All right, we'll move on to the approval of the moon nets from the November 17th town council meeting. Is there a motion to approve the minutes? >> So moved. A >> motion by councelor King. I'll >> second. >> Seconded by Vice Mayor Safford. Any
further discussion? All those in favor signify by saying I. >> I. Opposed. Hearing none. That motion carries unanimously. Next, we have the consent agenda. There are three items on the consent agenda, all relating to local state of emergencies. Is there a
motion to approve resolution 25-30 337 337, resolution 25-347, and resolution 25-342? >> I'll move that, Mayor. I got a motion by councelor King.
I'll second. Go ahead. >> I'll second. >> Motion by Vice Mayor Safford. >> Any further discussion. All those in favor signify by saying I. >> I. Opposed. >> Hearing none. That motion carries unanimously. Uh, next is the items removed, which nothing was removed,
which brings us to our first public hearing. This is a legislative agenda item and is the second reading and public hearing on proposed ordinance 25-27. This is an ordinance of the town council of the town of Fort Myers Beach, Florida. One, establishing procedures
for the review and approval of applications for reasonable accommodations needed to operate certified recovery residences from existing land use regulations in new section 34-204 in division 4 applications and procedures of articles 2, zoning
districts and standards and nonconformities of chapter 34 as mandated by section 397.48715A 48715A Florida statutes and two amending section 34-232 required hearings of division 5 public
hearings and review of article 2 zoning procedures of chapter 34 zoning districts design standards and non-conformities to require only one public hearing before the local planning agency LPA for approval of the applications for reasonable accommodations to operate a certified
recovery resist residence as provided in section 34-204 for if the decision by eligible members of the LPA is unanimous and the town clerk does not receive a request from an additional public hearing or for additional public hearing before the town council from anyone including town staff within 10 days
after the LPA decision providing for codification severability scrier's errors conflicts of law and an effective date >> I can comment real quick um this is your second reading of um the proposed
ordinance uh that is mandated at this point by the state statute. Uh there was a change. The pretty much the regulation of these um certified recovery residences has already been preempted to the state. However, um there are
situations where there may be a need for a reasonable accommodation. And so the mandate, the current mandate that we're fulfilling with the second reading is to have procedures in place to allow for an expedited review of that. Um the other part of this
ordinance that I want to bring to your attention is the fact that um these reasonable accommodations are almost a de facto variance type change that that is needed to in order to have
this uh facility uh operational. And so for that reason, um, the recommendation was to go ahead and allow the LPA to review these in the same way that they are reviewing variances and certain, uh, special exceptions. If there is no
objection to the reasonable accommodation, then that pretty much expedites it. Um, but if there is a concern raised, it would come to you just as any other concerns regarding variances or special exceptions that may come about. Uh the deadline for this um
mandate to adopt an ordinance with procedures um is January the 1st. So we are well within that time frame. Um I'll defer to Jason Green if you want to add anything. >> Uh Jason Green, Community Development. I have nothing further to add.
>> All right. Any questions? John, you have any questions for >> for Jason for Nancy? >> None. >> No. >> Jim, no? >> No. >> Scott? >> No. I do not have any questions. Pretty straightforward. Good job. I think this is a good direction, another step forward. Continue to try to find ways to
streamline um things like this for for the residents to be able to get in faster. >> Yes, sir. >> Okay. Thanks. Public comment. Would anybody like to speak in public comment on this? >> All right. Seeing none, I'll close public comment, bring it back to the
council. Is there any further discussion or a motion? >> Yes, sir. I'll move or I'll move approval of ordinance 25-27. >> All right. Got a motion by council member Aderholt. >> I'll second. >> Seconded by Vice Mayor Safford. >> Any further discussion?
>> Uh councelor >> I. >> Vice Mayor Safford >> I. >> Councelor Link >> I. >> Councelor King. >> Hi. >> And I'm an I as well. That motion carries unanimously. Next is our legislative agenda item is the second reading and public hearing on proposed ordinance 24-10
continued from November 17, 2025. This is an ordinance of the town of Fort Myers Beach, Florida, amending the town of Fort Myers Beach Comprehensive Plan in its entirety pursuant to 16331843, Florida statutes providing for adoption of the town of town the town of Fort
Myers Beach Comprehensive Plan 2045, including amendments to the future land use element uh and the land the f the future land use map, the community design element, the transportation element, the housing element, the historic preservation element, the utilities element, the conservation
element, the coastal management element, the recreation and open space element, the intergovernmental coord coordination element, the capital improvement element, and the property rights element inclusive of all associated tables, exhibits and maps, authorizing findings
and administrative actions, providing for transmitt, providing for severability, providing for scrimer's errors, and providing for an effective date. Good morning, Eddie. >> Good morning. Um, hope everyone had a good Thanksgiving. I hope you had some breakfast.
>> Uh, I have not, mayor, uh, but I have a thorn in my bag and keep my run low. >> Thank you for asking. Yeah. >> All right. >> All right. Um, >> ready. >> Did staff uh provide you with the uh I
apologize 38 page item. Uh, that was the culmination of our Tuesday. Yep. >> Yes, they all have it in. >> All right. Thank you. Um >> let me jump in. In addition, um you should have a um an ordinance with some
strike and inserts just basically um the changes in that ordinance simply reflect the fact that there was a joint meeting with the LPA uh for the discussion of the proposed um changes um at second
reading. And I would ask that um at the conclusion that um the town council consider a vote on the amendments and then a second vote on the ordinance as amended. Um so we have a very clear record as to what what was changed and
what was not. So I'll defer to Eddie at this point. >> Nancy, I'm going to if you don't mind, I want to read these three changes because the public didn't get a chance, I'm assuming, to see these because we just got them today. So, the three changes to the ordinance that was published, there's three whereas clauses. The first one says, "Whereas during discussion at
the November 17th, 2025 public hearing, several concerns were raised and the town council believed it was in the best interest of the public to have a joint public meeting with the town's local planning agency and therefore voted to continue the adoption public hearing to a date certain of December 1st, 2025.
And whereas the joint public hearing between the LPA agency or the local planning agency and the town council was duly noticed and occurred on November 25th, 2025 which resulted in several changes to previously proposed language in exhibit A. And whereas the November
25th, 2025 language changes were compiled as a list which were approved for conclusion in exhibit A prior to the final vote for approval of ordinance 24-10 at the town council's December 1st, 2025 adoption hearing. Daddy. All right.
>> Thank you, mayor, council members. Um, thank you to both you and the LPA for the uh extended discussion on Tuesday. As you can see, we had a very busy Wednesday putting this document back together for you. Um and uh given the
time frame um if it's all right with uh that the mayor and council uh would you like us to go through this um you know item by item just so that we can make sure that everything is exactly how you have wanted it post discussion. >> Yeah I think it would be important to
just highlight the changes that were discussed on Tuesday. I don't know that we need to go through everything like we did on Tuesday, but at the changes that way if somebody has something that maybe you missed, we can add it to make sure it gets added. >> Yep. Thank you, mayor. Um, mayor, council member, when the document came
before you, uh, as requested, I did uh go in and uh highlight uh um all the changes to just make it pop out to your eye for for easier reading. Uh from a uh
documentwise standpoint um uh there are three uh major notes that I would uh uh start with um um as needed. We'll correct all policy numbering once all edits are applied. There was one pending item uh if you
recall that uh I said I would bring back to you. We'll get to that in a minute. uh second and third are where noted within this document or not noted uh because otherwise I would have had to just give you a new 100page document at
that point where the town is a proper noun um it shouldn't be changed from lower t to capital T and the same with county and so forth so that grammatical aspect you'll see other grammatical items along the way um I also do want to
note that part of the changes you'll see as we go along involved uh uh uh just adding title to each one of the uh policies. Uh um so uh we'll we'll render those as well. Uh those are let me check
my email to staff uh on Wednesday. Um right um um you'll find as we go along as well that uh there are should versus shall. Now there are some exceptions to this. For example, there was one case
where it was shall study to determine if you should. So you don't want to make that too shall because then you're just what's the point of doing the study, right? Um so those in those cases I did leave them out. Um but I did change you
know you know uh uh the shall the should as uh you'll see the document with that. Uh if all right uh with the council, I'd like to start with the future land use element. Um >> Eddie, if you could just if you could focus just on the changes that are
substantive in terms of policy. I mean, obviously some of this is >> Yeah. grammatical stuff. >> Yeah. You and also just titling. I mean, but just focus on areas that are that that are substantive in nature. >> Okay. Um substantive. Uh, I'm going to run you guys through
down to the uh third page. Uh, if I could direct you to the fourth item on the third page that says policy FLU1A-14
public benefits ordinances. You see the change there. It's highlighted. Um in addition to may adopt as we had discussed um uh you'll see that there was another sentence add that we did not discuss this is actually copied over
from later on in the uh when we talked about public benefits so that you had consistency between the policies and the draft language which uh is the same as was uh provided by the LPA where accepted public benefits shall be included in their respective development orders and development agreements as
applicable. run exclusively for public use. Uh public benefits uh give me a second. That should say are intended uh while not exclusive publicly are intended primarily to benefit the public for the lifetime of their
respective agreement. Complant account code requirements shall not be a public benefit. >> Eddie, I'm going to I'm going to reread that because >> Yeah, there's a word missing. >> Yeah. So I'm I'm if you don't mind when we go through if these I'm going to go ahead and read them for it because it's hard to understand sometimes in the
people watching at home. >> Yeah. >> So if you don't I'll just go ahead and read them that way. >> Yeah, please. Thank you. So that the change in here the sentence that Eddie was referring to says where accepted public benefits shall be included in their respective development orders and development agreements as applicable
while not exclusively for the public use and intended prim are intended primarily to benefit the public for the lifetime of their respective agreements. Complying with the town's codes requirements shall not be a public benefit. >> So we need to add the words public
benefits. >> Yes. are intended primarily to benefit the public for the lifetime. So, it's just uh just two words were admitted. >> Yeah. I I would trying to slice the sentences really quickly on Wednesday to get it out to you on time. It was pretty
tall order to do this in one day. >> Anyone have any objections to that sentencing, Jim? I I just have some I don't have any particularly I have no objections to that language change but I I I wanted to just if we could this was one of the more interesting conversations points points uh in the
joint town council LPA meeting and I thought both uh Jim Dunlop and Jim uh Bone uh of the LPA made some interesting points but I just want to understand uh from Nancy from a legal perspective as well as from uh Jason and Eddie here
from policy standpoint what this means when when push comes to shove first of all it references development agreements uh but it it doesn't mention CPDs is it is this
also applicable to a CPD Nancy >> I think it can be um >> I'm not asking that it is but I'm just wondering how do you read >> I think that public benefits um included in their respective development orders I think when you think about a CPD,
there's going to be it it is kind of the development order going forward. Um, we could add the language if it makes it a little bit clearer. That way, this question doesn't come up again. >> No, I just I just was curious if this is
the focus of this was on the more vague dynamics of the development agreement, which is fine. the CPD is a little bit more structured and I I don't know that it needs this language as much, but I but I would yield to my colleagues on that. I also wonder in the in the
sentence prior to that, the town will evaluate and may adopt as appropriate into its land development code. So, this any any sort of specificity with respect to this will obviously then be implemented in the LDC. Is that how you read that? >> That that is correct. But um I I would
recommend we go ahead and add um after respective development orders, plan developments, comma, and development agreements. >> Okay. if we're going to do that. >> Yeah. >> Takes it totally off the >> Let's let's let's also help me ex or explain if as best you can
what this actually means because it seems like this was there's a and I'm not actually opposed to having some gray area in here because it gives flexibility. But it says while not exclusively for public use are intended primarily to benefit the public for the lifetime of their
respective agreements. Are we basically saying if uh a project offers an amenity that could be used both by the the development and the public, is it really just a a clause that says that will this this amenity will remain open to the
public for the lifetime of the development? Is that in essence what we're saying? And if we are, that's okay. I just want to I'm just trying to understand it. Nancy, >> I want if I can just jump in. My understanding of this whole section was to just basically provide a path to this council or future councils to potentially put an ordinance in place to
describe to your point more exclusively what a public benefit may or may not be. Yeah. >> It isn't it isn't referring at least the way I read it or understand it. It's not specifically getting into that granular detail that you're referring to. I think Jim, it's just saying this is a path forward through the comp plan to allow
you to be able to enact an ordinance down the road should your future councils choose to do so. Is that a fair statement of what this essentially reads or how I'm reading it? >> Uh uh yes sir. Um it is intended to provide a pathway uh at your stated
mayor um to >> the flexibility to flexibility. >> And Jim, we put in lifetime because we didn't want to put in perpetuity because >> No, no, I listened and I I heard and I it's fine. I just Jason, how do you read that as a as with your your unique
background for Myers Beach? >> It sets you up for that that next implementation step to do. So there's nothing there's nothing terribly binding in this language except for the fact that it facilitates that next step of granularity. Is that fair? >> Right. I think the binding part of it is it's you're telling yourselves you're
going to do this essentially, right? And then seven years from now when we do an analys do the review that the lady was talking about, did we do that or not? Have we implemented that? Have we checked that box and finished that? >> All right, that's great. I'm fine by that. Thank you. >> Um uh mayor, indulge me for a second.
Madam Attorney, could you repeat the word that you had to yet to add? >> Sure. Um, so where accepted, public benefits shall be included in their respective development orders, planned developments,
comma, and development agreements. >> Plan developments. >> Is Is that clear for you guys? Yeah. >> Development agreement. Yes, I Yeah, I agree with that. um as long as the plan development portion of it is tied
specifically to development orders and development agreements portion of it. If it's tied to the zoning instead, then what you would have would be contract zoning and that as I understand madam attorney is not legal in Florida. Correct. >> Well, that that is correct. However,
sometimes in um planned developments um they will offer >> right >> public benefits. So I don't want to preclude that. >> Yes. >> Um as being uh inconsistent, >> um but I also don't want to create any
ambiguity that could later um result. So if you feel it's better to take it out, I'm okay with that, too. >> It could be addressed in the ordinance when we become more specific as to how it's going to be implemented. >> I Yeah, I don't I don't have a degree
with it. Um, obviously I'm um mentioning caution because I had two others in the same situation on the other side of Florida. One uh billion dollar project that's been mired on this fourth lawsuit and another one that is uh uh uh um but
you know where we do have public benefits in there and that they're providing for a new school on the site and public uh plazas that are you know to be maintained by developer but open for general public use. So there's a balancing point here that I was just trying to refer to about, you know, but
kind of caution us to avoid digging too deeply in something that could be interpreted as contract zoning. >> Nancy, I I would be comfortable with leaving that out just based on that if we can cover it within the ordinance. >> Uh yes, and that's what I was going to say. We can address it in the ordinance um as far as the voluntary nature of it.
>> Um emphasizing that. >> Yep. Thank you. Heard and understood. So, we'll leave it as it is >> with the exception of the couple words that I think Nancy pointed out at the beginning. You got those, Eddie? >> Uh, yes, sir. Uh, adding word public benefits before our intended primarily.
I apologize for that. >> Okay. >> Um, and then um I think that was uh that was all, right? >> Yes. >> Yes. Correct. Uh, if the if mayor, you and the council are ready to move on to the next item. All right. Um
you'll see uh the next one two down uh you'll see that the mobile home is no longer strike through as a general aspect that's just to keep us in compliance with SB 180. Uh you'll go and see that we changed the cultural and civic center names. I did
that throughout the entire document. Uh so you'll see that you'll have seen that in multiple elements that you scroll down. And of course the same thing with Santini Marina. uh uh uh uh uh at uh Atheenti Marina Plaza. um where there's
more substantiative uh I would like to draw uh bring you to page six and the very bottom of the page where they said wetlands and this was where the uh uh uh uh in the meeting you had asked me to
come back with the language from before and also what we would like to you know what what would best practice here be. >> I'm going to go ahead and read this one Eddie because there's quite a lot of yellow there. Yes, thank you mayor. >> It's a what is crossed out as wetlands and it's called conservation under the
policy FLU1B2H. A conservation district is established to provide is is established to provide for areas set aside for preserving natural resources, biodiversity and cultural heritage and shall also be
applied to all remaining wetlands. The maximum density of residential development here is one dwelling unit per 200 20 acres. Other allowable uses if compatible with the natural habitat of the property and/or wetland functions include passive recreation, walking,
uh access to tidal waters, boardwalks and docks, and restoration of degraded habitats or as provided for the title waters subcategory. Provided activities include placement of fill material, dredging of boat basins and channels, placement of seaw walls or other
shoreline stabilation, and removal of native vegetation. I'm sorry. It was uh prohibited and I think you said provided. >> Okay, >> I missed one. Oh, yes. I >> sorry. Yes, I'll start that sentence over again. It says prohibited
activities include placement of material, dredging of boat basins and channels, placement of seaw walls or other shoreline stabilization, and removal of naval native vegetation. Regulations for this district shall consider measures to minimize activities that would adversely affect the
protection of federal and state protected species and their natural natural habitat. The primary purpose of this district is to maintain land and title water systems around Eststerero Island in its natural or near natural state to protect ecosystems, wildlife
habitats, and environmental quality. The town may elect to provide for regulations supportive of habitat restoration and the management of public access for natural resource-based recreation and scientific studies within this land use as appropriate. >> Thank you, mayor. Uh there one thing
that I did have a question on uh might be more of a question for uh madam attorney as well. Um I know that in the past we talked about a prohibition of place in the seaw walls here. There are other types of
shoreline stabilization depending how you interpret it. uh living shorelines are a type of shoreline stabilization if well I wasn't sure if that's something that council wanted us to push
a little bit more on uh for conservation areas if it is what living shoreline does it tries to adapt that you know adapt that shoreline mangroves and so forth instead of seaw walls but if
that's what you want to go we would have to carve out an exception word. I just wasn't sure last Wednesday how you want to proceed with that >> suggestions. >> So I think that in other communities um they're not bad but living shorelines
have policy implications to it. >> Yeah. So my recommendation would be that we go ahead and stay with the language that we have and have a conversation about uh living shorelines and then include that in the LDC.
>> Yes. >> Would that work? >> I think that would work. I just I needed I left it out for the same reason, but I wanted confirmation from the mayor and council on this. Uh uh uh and that was one of the points that I told myself I needed to bring up today. Does anyone have any objection to NY's
recommendation? >> No. >> No objection. >> Okay. >> Thank you, man. Thank you, mayor and council member for that. >> Continue on. >> Oh, yeah. Thank you. Um you'll see that uh on the next page then
um because the tidal water and con and wetlands were so similar but there are some specific aspect to your you know your estuaries and so forth that you might want to keep separate. Instead of
merging it all together, just uh taking this tidal water and just making it a subcategory of the overall conservation to give you that bit of tightening uh while maintaining some flexibility elsewhere
uh was my recommendation here. >> Okay. >> All right. Thank you, Mayor. Um, next item, uh, next one down, you'll see they added indoor recreation, uh, as you had directed on Tuesday
>> under number five under land through type defined, um, with residential uses. Um so where you have a residential unit apartment and they have an indoor recreation as part of their development that well
actually wasn't allowed before technically. >> Okay. >> Y um going on to the next substantiative area. If I could direct you to page eight at the very top.
>> Can you give us a a section number? I don't I don't have pages. >> Oh, no. That that's why I was about to read the section number attorney. >> Thank you. >> Yeah, but you're running through your pages. It's just easier to ruffle too. Okay, I'm on the eighth one in um and at the very top it should say FLU-1
D-4. >> Yeah, it starts on the bottom of what you would say is page seven on yours. But >> so, um there's the significant portion, mayor, if you want to read that for the public. Yeah, the the first thing that changed on this essentially I won't read the entire thing unless everybody thinks
I need to, but the the change was to strike out the words two stories. So, it's just 30 feet on that first line item. And then as you continue down, um it again highlights that 30 foot and removes the the two stories. Uh and then
the line that was stricken out was particular attention would be paid to any permanent view corridors to Gulf or bay waters that could be provided in exchange for allowing a building to be taller than two two three stories including the ground story in each case
and was replaced with the town may consider public benefits in exchange for height as part of public benefits ordinance where the town may consider additional height as provided in this section. And then the last line was added. Uh public benefits shall be included in
their respective development orders and development agreements were applicable applicable and while not exclusively for the public use and intended primarily to benefit the public for the lifetime of the respective agreements complying with the town's code requirements shall not be a
public benefit. That looks like a a copy and paste of the previous line. >> Uh yes sir. I wanted to make sure that was consistent. But since we're talking about here and this where our discussion was when I went back I was like let me think about this again for you. I you know we were talking about public
benefits earlier. So having that consistency and language is important. >> Just kind of to recap on Tuesday the reason this change was talked about was it's not allowing any more right as far as heights. It's just simply removing the confusion of currently you have to
count the first parking area. Yeah. >> As a story, which would then conflict with having to have someone come in and ask for a variance or a deviation >> for to meet that 30 foot height. >> Yeah. >> So, we're just simply suggesting that we remove the story portion of it, but the
height stays the same. >> Yes, sir. which currently in the code now or count plan now and going in the future is you start that count from base flood elevation or freeboard whichever is used. Correct. >> Uh correct mayor. Um I would also add to that the the reason was because the
number of feet and the number of stories were not necessarily consistent. If you remember it was a two stories and 30 feet you typically don't have two 15 feet stories. So that was the other reason why that change was necessary and you'll worry about stories through the LDC and all that.
>> Okay. Okay, >> I just want to add that um the strikeout does not make this more uh burdensome or restrictive. It uh you could still request view corridor as a
public benefit. It actually expands um consideration of of things that could be public benefits for height. So we don't have an SB180 issue. >> Very good. Any questions on that one?
>> You have anything you want to add to that, Eddie? >> Uh, no, sir. >> Okay, continue on. >> Moving on. Uh, should be on the next page, uh, under policy LU-1- E1. Uh, label predisaster bill back policy.
Uh, the, uh, mayor, there should be an addition there that says the town shall develop a streamlined administrative process and a strikeout. The addition says the town shall develop a streamlined administrative process and the strikeout is land owners may request this option through the plan development
reszoning process which requires a public hearing and notification of adjacent property owners. >> Yes sir. um for the uh council's benefit. Um, you'll notice that the strikeout was what we had actually discussed on Tuesday, but then when I
went back on Wednesday and took a look at the strikeout and conferred with Jason, um, my thought was because the strikeout was removing a process by which they could resume, which we do want to do, but on the letter of the language, it
could be construed as being something more restrictive. We went back and said, you know what, we would suggest that the council add in a line that says you'll have an administrative process and and and and that you know to demonstrate the point that you're trying to loosen your
regulation to make it easier for our property owners on the island to administer this. Otherwise, we might run a file SB 180. >> Nancy, you don't have any issues with that language? >> Um, no. I would just say at the end of that sentence if we could say for this
purpose >> um because the prior sentence talks about the need for the streamline administrative process >> right for the purpose >> for this purpose. Yeah I think it flows then >> yeah for purpose of
>> oh you mean >> after process >> y of the of the >> so it should read the town shall develop a streamlined administrative process for this purpose. Yes. >> For the purpose of >> what was up? >> Well, the first sentence. >> Oh. Uh, >> owners of existing developments that
exceed the current density may also be permitted to replace for the same uses up to the existing lawful density prior to a natural disaster. The town shall develop a streamlined administrative process for this purpose.
>> For this purpose? Yeah. Yeah. All right. I I heard duh and I was like the purpose of but this >> see how it flows. Yeah, that purpose more makes more sense. Thank you. >> Uh any additional questions? >> Nope. >> Continue on.
>> Um you know note that at the general uh note uh the future land use map will be replaced based on your approval uh edits are based to remove proposed and to change those land use categories. specifically I need to call on record no actual changes to the specific
properties only the labels as uh desired by the council and as discussed today um and that will go into your you know for the record on this one. >> Okay. So this reads future land use map to be replaced based on edits to remove
proposed and to account for conservation and tidal water subcategory as conservation title water. No actual changes to specific properties, only labels. >> Yeah. >> So, basically what you just said. >> Yeah. >> Yeah. Thank you, mayor.
>> There's nothing else on our future lanyard. Uh I uh we could move on to the next element. >> Okay. >> Uh rolling down, you'll see that similar with the culture and other aspect.
um under the um policy CD-3- A-3 at the bottom of page 10 of the George 10th page. >> Mhm. >> Number five, it says work with the private sector to establish a new public
pedestrian plaza. that clarified that it's not being done from the uh uh uh by by the town itself, but you're encouraging a either a private development or public private partnership down the line at your discretion. >> Okay.
Uh the next page uh at the very top um says uh surface we're made that distinction uh uh uh mayor thank you for bringing that point to us uh last Tuesday. So that that portion is about service parking lots and frontages.
Uh next up uh uh housing element general affordable housing strategies at the very top. Uh see that we added the word attach and detach to the accessory dwelling units were changed from accessory apartments to accessory dwelling units. Uh, mayor, uh, is there
a specific way you want to read it for the public or, >> uh, I can read the whole underlying thing with the attach with the highlighted that way those that haven't seen it. >> Okay. >> Uh, item four. Yes. Item four is consider consider implementation of an
incentive driven regulatory system, create and maintain policies on attached and detached accessory dwelling units pathways for hotel to condo cons conversions and single family to duplex, triplex and quadlex as appropriate. At
five is consider development of land development codes that support and enable its aging population to remain independent and in their own home or in a non-health care environment for as long as their health allows. Six is enable development and design strategies
that enable older residents to remain in their community as their housing needs change. allowing accessory dwelling units such as a garage apartments and in-law suites in all residential areas and connecting residential neighborhoods to daily commercial needs by allowing
mixed income and mixed housing types to be located close to the neighborhood or commercial shopping areas, civic or culture in institutions and parks and open space areas. >> Thank you, mayor. And there is one additional change there on number four
that uh from our conversation that I apologize for not striking through and highlighting but it says and single family through duplex triplex and quadlex as appropriate that was supposed to be structur uh in all instances. Uh so I would like to uh register that change if it's all
right with the council. >> Repeat that again. Eddie, where was that? on number four at the end see where the C policy 4-7 >> right before that it should end with a period after uh pathway for hotel to
condo conversions and the rest of that should be struck out >> that's right >> yeah I remember that does anyone have any other corrections or concerns with that section? Nancy, you good? >> Uh, yes.
>> Okay, continue on. Eddie, >> continue going. Moving on. Um, you'll see some in some places I've added minor words like on page 13 with the continue to that's, you know, that the general aspect didn't mention before. That's just to try to keep you steer you of
like clear of any SP 180 challenges. Again, we don't have page numbers. So, what is the sub the section that's under >> it would be on policy uh HO1-84. There's no other changes there, but okay. >> Where says like new house uh where that
continue to was added was new housing shall continue to be built to comply with the applicable Florida building code and FEMA standards where required by state and or federal law. you're already acquiring that but >> without the word to continue to it look like you're imposing a new requirement
when it's something you're already actually doing. >> Makes sense. Um, so you'll see cases of that throughout the document where it's something you're doing and we don't want the someone who not familiar with the history of the town to misinterpret uh
what's happening and yeah that what's happening in other areas unfortunately um >> mayor may I make a comment um regarding SB80 because you know throughout this document um the council as well as the
LPA has been very dig diligent about trying to avoid any undue uh burden and unreasonleness unduly burdensome. But what I wanted to remind everyone is that in SB80 itself there is a process in the
event there is a challenge. Um so basically SB80 says that any person can file a suit against the impacted local government for declaratory and injunctive relief. The uh state statute also says before a plaintiff may file
that lawsuit, they have to notify the local government and set forth the facts upon which their uh claim is based. The local government then has the opportunity within 14 days to withdraw or revoke the action or otherwise
declare it void. So again, I think you're doing a great job in trying to avoid any type of SB180 issues, but if for some reason someone should interpret it as being uh overly burdensome and
more restrictive, there is a process in state statute that we can avail ourselves of to fix it before we end up in um protracted litigation. Yeah. Yeah. >> Nancy, if you wouldn't mind just a quick brief for those who are listening uh
quick definition of the SB80 again just quick quickly. >> So SP 180 basically provides that um impacted uh local governments that have been impacted by a hurricane. Um there are certain timelines where the
governing body cannot adapt more restrictive or more burdensome procedures requiring review, approval or the issuance of u various land use actions. um should it proceed and go to um to
court, I believe attorney fees would also be imposed on the local government, which is really the biggest hammer that the legislature has when they adopt legislation is to um to use that. >> Thank you.
>> Continue 80. >> All right. Uh moving on uh toward the end of what you see is housing there should be at the very bottom of the last page within housing which is about 15 pages in there is uh policy HO-1-E-12.
Um the most basic thing about at the end of that instead of 2025 because we're in the end of 2025 it's uh 2026. I do want to just uh ask again just because it is a process to adopt these changes if the
council believe 2026 is appropriate or if it need to be 2027. >> What is your recommendation? >> I would say >> more time is better. >> Huh? >> You're okay. >> You're okay. We would that would say 2026 would be okay. But uh
>> we would you know pro that will provide you with the recommendation and then ask to schedule for public hearing at appropriate time. >> Okay. >> Yeah. >> Okay. >> Very good. >> Okay. All right. Moving on to the next element.
Um transportation. Um these are all very very minor items as you can see. uh right down to the capitalization of a T like on on a bunch of these um uh and
just clarification of a word D's at the end under policy T-H4 where it says D signed in your original policy and instead we'll just clarify and say variable methods just for clarity purposes because that's what
that policy was about. Um so um all the transportation with uh with with very very minor items. >> Yep. Um the next element historic preservation element um there with the aspect of the uh the
task force and we did remove the aspect of working with the other task force and just very uh per your instruction just changed it to the task force will work to advise the town instead of the task force will work with a very specific
committee to advise the town. That way it has the broader mandate to work with any other committee if uh the council deems fit. >> Very good. >> Um moving on to recreation open space element. Um the next page we're about 19
pages in if uh give a second for folks to move to the uh appropriate pages. Uh recreation open space element at the very top policy RS-1- A-7 voted Point Park. We had discussion about this uh last Tuesday. and
want to really hone in on just saying just deleting what it said before uh in your original plan and now saying the town will balance the need for accessibility and environmental protection for Bus Point Park and keep it simple and and and and and really
hone in on that balance there. In addition to that uh because we don't in order to preserve that balance the next policy policy RS-1-8 we went back and said well we gave it a title as well low impact access to Bus
Point Park to clarify that intent by having those low impact access like walking and bicycling like they do in other barrier islands similar you know park system and say encourage Lee County to study implement and encourage al
alternative means of low impact or non-s single occupant vehicular traffic in the Baldest Point Park. you'll see that the words um I added the word non-s single occupant vehicular traffic because there may be folks who are handicapped who
might need to come in in a handicapped van and so forth and there's an accessibility and ADA issue there that we needed to account for the the h um so might need to tighten the language a little bit there but uh the general intent is to say hey we want you to not
expand the parking lot and increase further into the park try to walk and bike there if you Very good. >> Right. Uh, next one. R-1B-2. Um, that's a change to delete some of the word and just to say the use of marine source resources.
>> Yep. Um, moving on to coastal management. Uh other than giving things a title um and some corrections like removing things that are no longer there like an objective five that you know no longer
there uh uh uh uh um just giving titles and capitalizing town >> right >> conservation >> Eddie I hate to interrupt I just caught something two two or three pages back on the encourage water transportation
Uh what's the go back to >> uh policy T-17D-46 >> about two or three pages back >> T-17 >> Oh, I see. Okay, it's at the very top of >> Y. >> Um you tried to do a nice job of getting
rid of the word water taxi and and use the word use the phrase water transportation so we can include both water taxis and water fairies. But there is a about midway through it says that require a water taxi to provide. I think you need that's the one the one area you
did not strike taxi >> and I think you just want to strike that and say that require a w that require water transportation to provide >> you see that >> it uh >> about the fourth line down >> pardon >> over here
>> um >> it's right after where you you have it underlined >> okay yeah don't thank you that yeah that should be uh that should be struck out >> I think you just take the out as well and say that require water transportation to provide
>> yeah water taxi pardon >> it transportation taxi >> just so that it's consistent with what you >> uh I'm reading the entire sentence again the require water tax to provide dedicated parking space at every stop >> might be
>> it might not be water transportation and I think council member right about saying water taxi and or fairies on this case But you could alter the transportation. >> I'm fine to do if if if people are comfortable. I actually like water taxi and or ferry uh as opposed to water
transportation. Uh but I could go either way. I I I just think in that particular area you forgot to stract you forgot to to make it consistent. But but but I don't mind using the word water taxi and or water fy. I don't think a lot of people understand the the nuance difference between the two. But that but
the definitions are substantially different. So, I I'd like to I'd like for the town to encourage both. >> Uh, and I don't know of any other water, at least at this point, the hydrooils are coming out there, but I don't know of any other water transportation aside from a water taxi or water ferry. >> And the re and the reason I'm suggesting
that council member Adal is saying as far as where he had pointed out on the fourth line down taxis and fairies is because water transportation is the term you should keep on the other sections. Well, if you have your own private boat,
that's technically water transportation. Are you then required as a private citizen to provide for that private parking space? I don't think that's appropriate policy here. The intent of this policy is if you have a provider that's doing the
public uh public transportation system on water, then they should be the one who maintains that, you know, aspect of ensuring enough parking for that facility. If that's the that's the thought, Eddie, let's just go ahead and include that require a water taxi andor ferry to provide dedicated park
>> and keep transportation for later section. >> Yeah, that's fine. >> Does that cover your what you're trying to get across, Eddie? I think it does. >> Uh yes, sir. >> Okay. So, just just Yeah, just add add the word andor ferryy uh next to water taxi there and then you'll be fine. >> That's a good one.
>> Thank you. All right. Thank you for that. Um, going back down to coastal management element, you'll see that it's really just adding titles
>> uh to the top policy descriptive titles under conservation element. You'll see that there are some renumberings. >> Uh but importantly the first major portion that uh um policy co
3-b2 additional protection for dunes and beaches. It's about 27 pieces of paper in and you'll see that that starts on the bottom and followed
onto the top of the next page where it's highlighted. And the change there which result from last week's meeting to say undertake a management and maintenance program to protect, restore and enhance as appropriate current and future dunes and
control invasive exotic vegetation. It also speak to the town's existing uh permitting program uh as well. uh but doesn't but it's loose enough that um if you find other things that are beneficial to the town, it doesn't
preclude you from enacting those measures in the future. >> Okay. And then the other main one that I'll just I don't know if you're going to skip over it was uh number three under policy >> CO 4B3 task force element. >> It was maintaining a ban on the
collection of live shells. >> Correct. Yeah. Thank you, mayor. I believe that was it for the conservation element. You'll see that when you sc uh scrolling down the rest of it, it's just giving title to the rest of this uh some of the these
policies. Um the next uh element is the capital improvement element. There is one clarifying change. Uh, and my apologies, mayor. Last week I misspoke when I said it was 175 because they said 200 and
then 175 and I said 175. She had that due diligence on Wednesday. I went back and checked the data. Um, it needs to be 200 based on the based on your data. Uh, um, and that that's where your level of service standard needs are for this community.
>> Okay. Yep. >> Um, next up is >> utilities. >> Give me a second. My my computer just >> what he was referring to. >> Uh, utility element. >> You'll see that it's um really just
adding uh the the title to the um to the various uh uh uh policies that you had before. Uh um that's why you don't see the underlying the original policies. uh you had a comprehensive plan that had titles in some elements and titles no
titles in other elements. So this will make this completely consistent at the end of the process where you have title for every single policy for reference purposes um from beginning to end. any Eddie on this one piece here that there's there's
one policy U-1 A-7 >> power micro grid feasibility study we had discussed that at length and then in here it says the town shall study the feasibility of a micro grid to provide power to the island Frankie are we
better off saying may or if we could change that to a may because that's a little bit in flux at this point >> at that >> I just want to do what we're Wait, what? I just want it to reflect reality, >> right? May study. >> Okay, >> correct. >> Sounds good. >> It's I have
>> It's in flux. Yes. >> Register change on here so that we can uh make sure it's formatted correctly. >> Um there is there anything else on the utility element before we move on further? >> This kind of your wheelhouse, Jim. Got
any anything you see in there? >> I I think it's great. Okay. >> No. Awesome. um about 33 pages in. We're intergovernmental coordination element. We're almost at the end. You'll see that uh much of this is um uh uh um on the
titles. I will bring your attention down to IGC A4 where I struck out on review again the 1996 amendment to chapter 1633 3177
that's been amended so many times that we don't want to necessarily just point to a specific year of amendment here at this point to comply with state statute just refer to state statute not how you normally write these like point out particular amendments. Uh but
um uh uh that uh you know both a major and minor change um uh it's important here and as you see that through most of it it's just either strike through about um updating names like DCA is now Florida
Commerce uh um and there are aspects where it's referring to policy that are deleted and no longer exist for example um there is uh I'm going to refer down to IGCD-4.
Um I did strike out by 1998. Seems to be a very dated policy. I'm not sure the council wants to add a uh revised date to that. I don't think there's one that's needed, but I wanted to point it out in case you feel differently.
>> I don't Anyone have any objection to Eddie's suggestion? >> No. uh IGCD4 uh about 34 pages in uh nothing further um on the uh intergovernmental coordination.
All right. Uh we'll move on to property right which is the very end the la your very last page and you'll see there no changes other than adding the titles and I apologize for the uber long document but uh there was a very productive uh meeting on Tuesday and
we're able to uh hopefully move forward with this. >> Any questions for Eddie? I think >> mayor I had one question. I got to find it. Um, back to that section on housing where you have the date for the adoption
of um, it is HOU-1-E-12. Um, the adoption of the land development code by 2026. Do we have to have a date in there? Could we just end the sentence after uh, regulations into its land development code?
>> You don't have to have it uh, in there. Technically speaking, you have a 12 month deadline anyway on anything you change in comprehensive plan. So, it's not something that we had originally recommended, but we were asked to add in and then when we were told, hey, 2025, I
mean, I would just take out the date to be perfectly frank, but uh it's totally up to y'all. >> I'm fine with it if anybody else has any >> take it out. >> All right. >> Thank you. Uh, let me make a note of that so that when my folk format your actual document, they know to look at
that a little further. Bear with me for a second. Okay, let's see. Review. Okay, please see and delete date. Okay, save. Thank you.
Okay. Anyone else have anything for Eddie? >> Yeah. I I don't know if this is the right point to do that or not, but uh just to describe and update folks what the next steps are. This gets transmitted to the state today. Then what happens after that?
>> Right. Uh if adopted by the uh council, this is your second reading. uh a after second reading um under the revised state statute from uh oh god I think it was either 1080 or I think it's 1080 SP
1080 this year I could be wrong don't quote me on that um there there were so many uh you have up to 30 days to submit uh the uh adoption on receipt of that it start a 30-day time clock if there are
no objections or challenges received uh by parties withstanding on within those 30 days. Then your comprehensive plan takes effect on the 31st day. The submission goes through a state coordinate review process because it is
tied to your evaluation appraisal report uh process that is mandated every seven years. And so it has to be submitted to the state uh about six different agencies and all your surrounding municipalities as well as the county who
are allowed to comment on the plan. Um >> yeah yeah yeah I think that yeah so uh we would because of the changes here we would expect it will probably take about two or 3 weeks after uh after uh uh uh
the council vote to make those changes in the format it's needed to get sended the state. Uh, so we would expect that to go out. I'm aiming for Friday the 12th, but it might be sometime the week or the 15th that this
will go out and that was when the time clock will start for 30 days uh on when they receive it. >> Thank you. >> You're welcome. >> Anything else? I would like to just thank you Eddie for uh coming here last
week on such short notice and everyone in this room and everyone outside watching who participated in this last goround. U people were heads down working on their homes and I know that a lot of attention was given to this and
some people feel that it wasn't but they just weren't as focused as we normally are. So I thank everyone for their diligence. I think this makes everyone feel a lot better. It has certainly been a very long process. >> It has. It has. But I think it's better for it. >> Yeah. Well, five hurricanes will will do that.
>> We'll do that to you. Yeah. >> I want to thank the mayor, the council, the uh LPA, members of the public who came to our three workshops uh uh over over the summer um time with other scheduled to leave comments and notes
because this have been a very robust conversation. hasn't been easy one, but it's one that has developed over time and it's one that a lot of great thought and a lot of time have been spent by everyone uh within the community uh
whether you were elected, appointed or just a a business owner or a resident and that's what makes the comprehensive plan work and when we come together a community like you have. >> Thanks Eddie. >> Thank you. >> All right, public comment. We'll open it
up for public comment. Terry, would you like to say a few words? >> All right. Okay. With that, we'll close public comment, bring it back to the council for discussion or a vote. Do you want us, Nancy, to still take two votes? One for the amendments and one for the >> I think it would be easier. Yes, if you
don't mind. >> Okay. Well, I'll make a motion to approve the amendments that were discussed on Tuesday and uh just discussed again today here at the meeting. >> I'll second that. >> We got a motion by Mayor Aller, seconded by Councelor Link. Any further discussion?
I'm an I. Miss. Link. >> I. >> Vice Mayor Sephford. >> I. >> Councilman Adhole. >> Hi. >> Councilman King. >> Hi. >> All right. Then I'll also make a motion to approve ordinance 24-10 for the comprehensive plan. >> Mayor, can I make one comment? >> You sure can.
>> Um, so part of our typical language that we try to put in our ordinances regarding Scrivener's error. So there is the opportunity um working with Eddie and Jason um as they put all this together in final form um if something
they may need to tweak a letter or something like that that is part of your ordinance. And as an example the the very last paragraph does say that upon second reading this 17th day of November >> which is a scrivener's error should be
the first day of December. It was inspirational. >> Nice catch. Council, >> you got that scribbler? >> I got that. >> I will I will amend my motion to uh reflect the correction made by our town
attorney. >> Is there a second? >> All right. Got a motion by Mayor Aller, seconded by Vice Mayor Safford. Any further discussion? I'm an I. Vice Mayor >> I. >> Miss Lake. >> I. >> John. All right,
>> the motion carries unanimously. >> Almost too simply. No, seriously, thank you. That's it's a very big deal, a very big step for you, and we're very grateful for your help. Thank you. >> Very good. I appreciate it. Thank you, gentlemen. >> Thank you. >> Thank you, Eddie. >> Thank you. All right, we're going to move on to our next item, which is a
resolution of the town of Fort Myers Beach, Lee County, Florida, pursuant to section 196.197830 F uh FLA statute electing to not exempt property from ad valerum property tax under section 196.1983D1A FLA statute, commonly known as live
local act property tax exemption, providing for incorporation of the recital's required findings direction to the mayor direction to the town manager applicably sever applicability severability and a conditional effective date. Nancy you want to start this off.
So basically um this is an exemption that is available under state statute um but it is based on the data that would come from the uh Schindberg um
uh institute and because of the governmental shutdown that data has not been made available. So, this resolution is contingent um or conditional, I guess, is one way to say it. Um and it would only go into effect if the data
that is provided um applies to the town. There is a deadline to have this adopted prior to the end of the year. So, we're proposing that this resolution be um approved by council so that if the data
comes back um then we would be in a position to um to not exempt the adalorum tax rem uh section. >> Questions for Nancy? John? Jim?
>> No. >> Just some clarification. So then would you say that this is a just in case opt out? >> Uh yes. Okay, >> Scott. >> Yeah, just for the record, we're way
ahead of a lot of other municipalities on this, aren't we? >> Uh I think we're timely. I don't know Jason Green if you have any feel for for where we are but I do know at the end of the year just you know with our taxes and everything everybody's always
scrambling to get everything done by the end of the year and yes this needs to be done um it would have been done however the data um was not available so it is correct that the town is moving forward in the right direction in adopting this
uh as a contingency >> thank Okay, no more questions, public comment. Terry? Nope. Okay, I'll close public comment, bring it back to the council for further discussion or a motion.
Any discussion? Is there a motion for resolution 25-352? >> Mr. Mayor, I move uh we pass resolution 25-352, live local aid act property tax exemption. I'll second that.
>> Got a motion by Vice Mayor Safford, seconded by Councelor Link. Any further discussion? >> So, there's a difference between live and live. >> Live and live. >> You said live, Scott. >> Oh, sorry. >> Sorry. >> Thanks for the correction. So, I will
amend >> amend that as noted. >> So, he's a live turkey. Is that where you were leading to? >> Yeah. You know, >> I was thinking live aid. I don't know. The scribble >> a scrier's air. >> Scribblers air. >> There you go. >> All right. So I amend my a motion to >> Okay. >> Live local act.
>> All right. We got a motion and a second. Vice Mayor >> I. >> Councelor Link. >> I councelor King. >> Hi. >> And I'm an I as well. That motion carries unanimously. >> That brings us to our administrative agenda. Our first item is resolution
25-332 updating banking signatory authorities. This is a resolution of the town of Fort Myers Beach, Florida, updating and authorizing town officials access and authority on certain town bank accounts with First Foundation Bank and investments with the Florida Municipal
Investment Trust and providing for an effective date. Joe, good morning. >> Okay. >> Okay. Good morning. Um Joe Onik, finance director. Um this is a formal update of
the approval of the signitories on the town's bank accounts and investment banking and it also is the authorization of those who would need to um administer those accounts. So it's formally recognizing that again it's just
restating what I think was done earlier but then updating it as well that William McKenna McKenna I'm sorry uh Dan Ellers's um and Scott Safford are the authorized signatorries and
uh our town manager, town clerk, finance director, mayor and vice mayor are all authorized to contact the bank um to execute any administr train of functions. >> Okay. Any questions for Joe or Will on Willie have anything else to add?
>> No. Okay. >> Thanks, Joe. >> Is there a motion for resolution 25-332? >> Mr. Mayor, I move approval of resolution 25-332. >> All right. Got a motion by council member Adhold.
I'll second. Any further discussion? Councelor Adolf. I >> I'm as well. Councelor Link >> I >> Vice Mayor Safford. >> Hi. >> Councelor Kane. >> Hi. >> That motion carries unanimously. >> Next is resolution 25-330 330 South Water Tower appropriation
grant. This is a resolution of the town council of the town of Fort Myers Beach, Florida, authorizing the town manager to execute and administer a grant from the state of Florida Department of Environmental Protection through the fiscal year 2526 state appropriations for the South Water Tower renovations and mitigation. Authorizing the town
manager to execute related documents needed to implement and administer the grant and programs providing an effective date. >> Jeff, you want to go ahead and discuss this, please? >> Good morning. Uh Jeff Hogy, community services director. Um so this is
appropriations that we put forth for from last year. It's a $350,000 appropriation with a $350,000 match uh to help with the restoration of the south tower facade for the most part. The roof is in really bad shape. The
outside is in bad shape. Um we need we need to put up some security there, too. So, cameras, uh a little better fencing, those kind of things. So, those are the projects that we're going to be working on at the South Tower. >> Questions for Jeff? Jim,
>> I I uh Jeff, first of all, thank you for that. I have to say there's not a lot of blight on the south end, but that's a that's an area that's struggling. So, I appreciate your prioritize prioritization of it. Uh could you just give people who live in that neighborhood just a rough idea of the
timeline that would be in place to to make these improvements? >> Yeah, it's kind of hard to say with putting it out for RFP. Um just ballpark. I would say I mean sometime in this next year for sure. We already have quotes on the roof so that one should be a a little
quicker. Um >> first first half of next year or second half of next year ballpark. >> I would probably depending on materials I don't know um the way the the moundhouse went. I hate to even put a timeline to it but I would say by June
or July maybe possibly >> start or finish. hopefully finish because we're all ready to we're already with quotes. So I but again I after the hurricane I'm not putting in timelines on >> hold you to anything after our last three years but I I I mean once it's
approved um >> I believe we have the funds >> date on that >> we already have the funds that be >> so I'm thinking like yeah maybe July >> standard time >> 21st at about 10:30 a.m. we'll have it complete. No >> there you go Jeff.
>> All right that's enough of you. All right. Any other questions for Jeff or Will? >> Thank you. >> Y there any other comments or questions or a motion for resolution 25-330? >> Well, I will gladly move approval of
just lost my place. Uh resolution uh 25-330. >> I will second. Any further discussion? Councelor Ederhol. >> I I'm an I as well. Councelor Link >> I. Vice Mayor Safford. >> Hi, >> Councelor King. >> I. >> That motion carries unanimously.
>> Next is item C. This is resolution 25-329, Tyler Technologies first amendment to implement Tyler Munis Munis. This is a re resolution of the town council of the town of Fort Myers Beach authorizing the town manager to execute an amendment to the existing three-year contract with
Tyler Technologies as amended by addendum on December 23rd, 2024 to provide software as a service sas and annual support and implement implementation services to replace the town's financial and accounting software
with Tyler Munis instead of Tyler ERP Pro representing an initial startup fee increase of $17. $17,100, an annual reoccurring fee increase of $1,613, authorizing the needed budget amendment to reflect this change, including
additional contract language required by Florida statutes concerning breach of contract during a state of emergency and providing for an effective date. Joe. >> Okay. If you remember about a year ago, we um you had um authorized the purchase
of Tyler ERP Pro to replace our accounting system. Um since then, the implementation process began in the spring roughly and then of course we had all of the the transition and turnover in the finance department that kind of put all that on hold. Um, in the
meantime, um, our new budget manager came from the town of Cape Coral and was very familiar with Tyler Munis and, um, spoke very highly of it and we were originally under the impression that moving to that version would be much more expensive than what it actually
turned out to be. And as reflected in the title of the resolution, it's only $1,613 more per year for that version. Um, and what this new version would allow us to do, it's it's a more robust budget
module that will facilitate more efficient management of the budget development. Um, it also has the ability to prepare multi-year budgets. You know, we're not quite there yet, but it would at least allow us to move in that direction. Um but probably the most um
significant aspect of the new software or this upgraded version of the software is that it has a more robust grant module that will enable the automatic generation of the schedule of expenditures for federal awards. Um and
then also it has an a project accounting module that's integrated with the grant module. And this probably just is hard to um even comprehend what this is all about, but it's that functionality that would enable the tracking of like the FEMA projects, the grants, and all of
the specific um tracking items that they're looking for in terms of um what they're expecting our system to provide. Our system doesn't have that now, and so we're trying to do all that manually, but this software will allow us to do this in a more automated fashion. Um,
and there's some other um improvements as well. Um, it will cost um $17,100 more um to implement. Um but how we're going to fund that is that we have um
unspent implementation um budget from last year of let's see what that was $35,684 that we needed to move into this year anyway. But that would help fund that $17,100
um additional um cost of implementation. So part of this resolution is to also then approve the budget adjustment that's necessary to move the the leftover um unspent funds from last year to this year. Um and then to approve the amended
contract as well. >> Questions for for uh Joe? >> So Joe um given if we approve this what what what's the new timeline for switch over? We ex well from or contact with
Tyler um technologies they're indicating that it's very possible for us to go live by the end of or by the beginning of next fiscal year which would be October 1st. So it would be a lot of work to do between now and then but that would be the new implementation. Um
>> okay so actually we we'll be working with both but we'll go live and drop the other one October one. >> Yes. So this coming the time in the interim would be um the implementation which >> okay I know
>> and just for comparison we had anticipated going live originally um in the spring of 2026 so now it'll be the fall of 2026 >> but in your opinion this this much more robust and much it'll take away a lot of the stuff you do you know you do a lot
of stuff by hand I know so >> try to eliminate that and then this the the Tyler system actually someone can work the way it was explained to me in in the OB committee is um somebody can work on a on a say an item or you know a
county module and then all his changes are are are done and then somebody can take over from there and you can see who is actually doing doing the work. >> Yes, it would include process workflow. >> So um >> that's the word I was looking for. Yes.
Like for example, purchase orders. If somebody wants to submit a purchase order request, it'll go through and then there's like a automatic approval steps where it'll go to the next person for approval. That way it helps manage that rather than manually trying to track down approvals. >> Yeah, that'll make it much better for
when we audit, we can see, you know, who whose PO this was, who approved it, what what the process was. So, I think it's well worth the money and I would like to go forward with this. see what your guys comments are. >> Just to piggyback on that, will that will it have safeguards in there? Say a
process wasn't followed correctly. Will it does it you said process flow, but do you get to implement this is what the process what this paperwork has to be here before it can go to the next step. Will it catch you know like any other form you fill out? If you forget to put the date in, it doesn't let you submit it until you have all the required documentation.
>> Well, to to the extent any of that data is input into the system, yes, it'll it'll there's like edit checking and it'll make sure that it's correct. Um but because you mentioned that it this also allows you to attach the documents
um elect electronically. So it'll follow them through. So if you have contracts, if you have resolutions, if you have um anything like that that's associated with a purchase um that'll be it'll follow along the documents. So we won't have to be searching in separate places for all those items. It'll be all it'll
be all housed together electronically. So that'll also be an improvement. Okay. They they did a a a demo and it everybody was like, "Wow, that's way better than the system we have right now." So, >> Rebecca, >> oh, I do have comments on this one. Joe,
this is excellent work. I can't tell you how happy this makes me. And if the town people understood what they were getting with this, I know they don't, but this is huge. I spent a lot of time last
night evaluating both systems, comparing them and contrasting them. This is my wheelhouse. I've spent 40 years doing this, building these kind of systems. This is worth every penny. This is worth every penny. This will save us more than
it's cost us. Thank you. Good work. >> Jim, any questions? >> Nothing additional. >> John? >> No. >> Thank you, Joe. >> All right. Is there any other further discussion or a motion for resolution 25-329? >> Mr. Mayor, I move we uh pass resolution
25-329, Tyler Technologies first amendment to implement Tyler Munis. >> Okay, >> happy to second that. >> All right, we got a motion by Vice Mayor Safford, seconded by Councelor Link. Any further discussion? >> Scott, >> I. >> Rebecca, >> I. >> Jim, >> I. John, >> I >> and I'm an I as well. That motion
carries unanimously. This is our final administrative agenda item. This is resolution 25-331, RFP-26-01-PW, Fort Myers Beach Landscaping and Irrigation. This is a resolution of the town council of the town of Fort Myers
Beach awarding RFP-26-01-PW to Tidewater Landscape as the most responsive and responsible bidder to complete landscaping and irrigation repairs to residential and/or community yards damaged by utility work as re recommended by the selection advisory committee. Authorizing the town manager
to negotiate and prepare an agreement for the recommended services subject to legal review. authorizing the town manager to sign the agreement providing for scriveners errors severability and an effective date. Well, >> Jeff, why don't you go ahead and talk about this please?
>> Before you start, Jeff, I just have a question. Based on the title and based on public comment earlier, is this specific to just replacing damaged work or will it also include the right of way on Mero Boulevard? >> Uh, yes. So, Jeff Hogy, community
services director. Yeah, this is a contract for them to do um the Fort Myers landscape and irrigation whatever we need. There is a clause in there. I think it's section 3.2 something around there. Um in the contract that says any additional work and they had to list
their their cost of labor um and it would be the cost of the the plants on that too. So, um, yes, this this does include all landscaping. And to answer the question, I guess on on the native plants, um, they have to consult with us, uh, on all plantings anyway, we have
to follow our our native or or Florida friendly, um, plants that go in as as we want to as well. So, any insinuation that we'd be using, you know, invasive or non Florida or non-native plants, um, we will not be doing that. There was a
comment made in public comment about the east side and the west side of of Astero Boulevard. And yesterday I just happened to notice driving down how much more at certain times of the day the shade now extends to the other side of the road where it never did that before the storm. Is there going to be
reconsideration of that document that was referred to as far as what grows on the east side versus the west side based on what we're starting to see now of the shadowing at certain times of the day all the way across Ter Boulevard now? Yeah, I haven't seen that document. I know Bowage um and Matanis Pass are both
Lee u Lee County properties, so I'm I don't know if the town actually has one. Um I'll I'll definitely look into it uh on that, but um yeah, we also work with the the garden club on on finding plants and appropriate plants on that, too. So, yeah, we'll consult before we do a major
project like Astero Boulevard. We definitely consult with some other individuals um you know, that has a little more green thumb than I do and has some expertise in that. And the other question I have is we obviously know we had received some money to maintain Estero Boulevard right
away. That money will specifically be used for Estero Boulevard. Correct. >> Correct. I believe Oh, I'm sorry. >> Then the funding as in the title, the funding from repairing, will that come from the contractors that do the damage then or how does that get paid for? >> For Astero Boulevard? >> No, outside of Astero, we know we have
funding that is in place. >> Um, it depends. A lot of this is, you know, when there's a a water mane break or there's um, you know, there's a a break on the road, we end up tearing up landscaping in somebody's property. Um, this came about because we we continued
to have a bunch of breaks after after the storms. And, um, we had to continue to get three quotes or go out for bid on all these ir um, landscaping and irrigation uh, contracts. So, we just thought it'd be a lot easier where we
can just do a a bid uh and the the winner of that bid uh would be we could just call them and they'd be on call since we we we do call them quite often. So, they not only do the landscaping, there's also a clause in in the contract that states they can do concrete work, those kind of things to repair
driveways. Um so, yeah, they they'll be doing all all kind of landscaping. When we start doing the beach accesses, they they'll do that as well. Um, so yeah, they'll just somebody we can call and get and get work done without having to spend three months trying to get a contract.
>> And the last question I have is time frame are I mean I'm excited to see that we're probably going to get to a place where we could start seeing some rejuvenation of astero boulevard now that we're seeing all the the cleanups happen and the house is being built. I don't get a chuckle. It's been a long
time coming. But is there a is it are we moving forward then with the stero boulevards or are we this is just once it's there we'll figure it out. >> Mr. Mayor um I recently received an email from Rob Price from the county who informed me that construction along Eero
the main centerpiece where they'll be digging up will will begin in January. So, we will not be able to do our landscaping until that project completes because they will likely tear up some rightaways. So, we do not want to do any landscaping
planting until that project is done. >> Well, can we do like we did when they did the boulevard the first time? Can we follow behind them? >> Yes, absolutely. We can do that. >> Do it as as they complete. We can get right behind them and do it. >> I just wanted to give some perspective around timelines >> and they're still going to start on the south end, right? As far as I remember
when >> I can confirm with them. I mean, if that was the plan, he didn't say they were deviating from their >> I think it's gonna be very important to find that out because January the last thing we need is more construction on the north end of the island. >> Exactly. >> Thank you. >> Any questions for Jeff? Scott,
>> not at this time. Rebecca. >> Jeeoff, I have a question. Um, as it pertains to the ranking. Um, do we go I'm looking at um it was page 550 of our packet.
Do we total up is it the lowest score or the highest score that that would win this >> from the selection committee? >> Yes, >> it would be the highest score. >> Okay. because I I had the previous pages
have different numbers than the totals. >> So, we had a discussion during I don't know if you watched the bid opening or not, but uh we had some discussions uh it was actually tied uh we had some discussions and u amended um one of the uh selection committee members amended
their their score as we were speaking. I saw that that was um >> went from a one to a two for Georgina's >> possibly. I'd have to look at the charge. It sounds right though. >> Yeah. All I'm saying is that the score
sheets for each of the three are in here, but the totals don't match up with the totals on the total page. Uh, >> so I'm just wondering if I'm missing some other scoring element >> because
>> No, that I mean that was I was just one of the selection committee members. I know that the clerk's office tallied them up. >> They may not have got >> Oh, you're seeing where it says 11 and seven. >> See here this Yeah. >> totals 11. >> So 11. So Chad >> is 11
>> 33 >> 11 and seven for Chad, >> but it says seven and 10. It should be 11 and seven. >> So the numbers were brought over here incorrectly. So it should be 33 and 25. >> I see what you're saying. That does that
would change. >> So that changes the outcome. That's what I'm just making sure I'm not missing something. >> Yeah. Yeah. So on our packet page 551, if you look at that one, it says 11 and 7. Then you go down to the next page. U
well where the confusion is is it says it's actually on page 552. That total because it changed from a one to a two should be eight instead of >> That's right. And I have that 11 and 8. That's correct on the total page. >> Yep. And then the next one >> and then that was Chad's. And then
>> the last one had 11 and 12. That's correct. And Chad had 11 and seven, but it says seven and 10. >> Yeah, the numbers were >> the numbers were flip-flopped on the
total from from Chad's because he had Green Construction Technologies at 11 and Tidewater at seven. But when you go up, those numbers are reversed and it's 10 versus 11, >> right? So that would be 33 for green construction and 25 for Tidewater.
>> Correct. >> Yeah, that's a good catch. >> If I understand that that's where they came from because that's what the attachments are. So I'm sorry to >> Yeah, I mean I I'm sorry. I'd have to I'd have to look at it and talk to the clerk's office. Um I can tell you what my scores were, but I don't I don't
>> perhaps we table. >> Well, is it time sensitive? Do you need to have it today or can it wait until the 15th? >> We can table this. >> We can wait >> and bring it back. >> I think that's a good idea. >> I recommend that, Mr. Mayor. Thank you. >> Thank you.
>> All right. I will make a motion to table resolution 25-331 to Do we have to do a date certain, Nancy? >> Um, no. It's not an ordinance or a resolution, but >> Oh, it is a resolution.
>> Oh, I'm sorry. Um, if you want to them staff to bring it back on the 15th, that would be fine. Or to a date uncertain. >> Well, is it I mean, if that's going to change who gets potentially gets the award, do you need time to reach back
out to that? I >> Yeah, I mean, I'll have to talk to the clerk's office because they put all this together. Um, so I'll see I'll get the originals or whatever they are, what whatever's on there. I'll look. We just want to make sure you have enough time to >> Oh, by next
>> next meeting should be should be fine. >> Okay. >> Okay. So, I'll make a motion >> to table resolution 25-331 for RFP26-01-PW uh to come back on our December 15th meeting. >> I'll second.
>> Got a motion by Mayor Allers, seconded by Vice Mayor Sappert. Any further discussion? >> I I I I my my discussion is not related to your motion. Uh but it's related to the subject matter uh at hand. Once we find the appropriate vendor, uh I'll go
to I'll ask the deputy uh town manager on this one. Is there a landscape plan together for a sterile boulevard or do you do you and Jeff already have one that you've put together or at least in concept? What what is the status of the
plan for Astero Boulevard and how do we communicate that to the to the citizenry? >> So we discussed with Tidewater previously their um landscape just they were contracted as the plan. >> Okay. >> Not exactly the landscaper to install the plantings. Got.
>> So we are now at that point of creating a contract with a bid um to bind that individual company who would do the plantings. So, we are at that stage and whoever that that contractor is, that's who we will move forward with. >> And if I could and and and I hope I'm
being fair here, it doesn't appear as if that plan that this firm put together has gotten a lot of public attention. Does it exist? Could it be presented at M&P or >> We can go back and find that certainly. >> I just haven't heard a lot of discussion about it. Yeah, probably because it
hasn't gotten to that point where we're going forward with any movement with Asterero Boulevard, but we can dig that back out and bring it forward. Um, at the initial conversation around that contract, um, we had spoken to the Garden Club and those um, other
individuals who are very interested in the kind of plantings that would occur along Eterero Boulevard. So, we we'll go back and find that. And I and I do understand that this is a challenging proposal because everyone's got an opinion. Uh but nonetheless, it's I
think it I just haven't seen a lot of what this proposal is and at some point it'd be nice to get some more public >> absolutely >> exposure to it. So at least you can't be you'll never make everybody happy, but at least you can't be accused of not giving everyone an opportunity to have some input. >> Yes. And now it all seems timely given
that it's coming to fruition. >> Sounds great. Thank you. >> Thank you. >> I'm sorry, Mr. Mayor. Continue on. >> No. Any other discussion or questions? All right, we got a motion and a second. I'm an I. Vice Mayor Safford >> I. >> Councelor Link >> I. >> Councelor. >> Hi. >> Councelor K. >> Hi.
>> That motion carries unanimously. Next is our final public comment. Come on up, Terry. Hey. Hey. >> And here we thought you were just hanging out because you like us so much. Thank you. You didn't have to do that. That's good.
Terry Kane, resident Fort Myers Beach. Um, in regard to the plantings, I was just trying to give you resources to go to because plant list have been created for this island. Another really good book to have is Vascular Plants of Florida by Wonderland and Hansen. You
don't have to have any knowledge of plants. If you have that next to you, you can look it up right away to see what's exotic and not exotic. And what my concern was was that the RFP I would like I don't know who writes the RFPs for the town. I don't know if it's you.
I don't know who it is. Um re please go back and review this RFP only because the town gives a list of suggested plants and suggestive mulches to use. I don't have it in front of me. I wish I did. One of the plants is seaside mayho.
They just put Mayho in the list. The town created that list. I mean, I don't know when, I don't know how. It was probably many, many years ago because it looks like a very old list. Um, and these are really, really um very invasive exotic. See Mayos are just horrible, horrible plants. Um, the other
thing is one of the um things that lots of landscapers like to use are cocoa mat. I took a long walk around Bay Oaks the other day. Um, cocoa mat was used. I It sounds great. Uh, it sounds great on paper, but cocoa mat is put together by
a plastic webbing that is not great for little kids that are running around and it's not great for wildlife. Um, so I would suggest regular mulch or something like that. Coco mat, I've used it for years and I've spent years pulling it out. So, um, it just doesn't biodegrade.
They'll tell you that the webbing does biodegrade. It does not. After 5 years, it still doesn't biodegrade, even longer. So, they were my main concerns about exotic plants. As far as what side of the island, we our island, you can cross section it and we have beaches and
dune sections where different kinds of plants grow on that side of Eterero Boulevard and then we have what's called the uplands behind Eterero Boulevard and then the island slopes back into the bay which has another different zone of planting. So we have many different zones of plants and I just wanted
everybody to be cognizantes of um what kind of plants are planted in what zones mostly for success. We've gone through a lot of destruction lately. I really want to see plants succeed. So, it's important to put the right plant in the right place. So, thank you very much. Thank you for your time. >> Yep. Thank you, Terry. There's no one
else here, so we will close public comment. Town manager items. >> Thank you, Mr. Mayor. A few things. Uh so first of all the uh uh update on school discussions how that's going is uh myself and the uh deputy superintendent have agreed to uh some
another round of staff discussions on December 10th. Uh myself uh um Becky and Nancy Tracy and some others will be involved with members of their staff uh to continue to discuss um the uh letter
that was received a little over a week ago. our response to that and try and carry some of the uh council recommendations uh forward into that discussion and see if we can make any progress uh before the end of the year uh that I can bring back to you
potentially on the 15th at least for an update uh to to the uh town council. Um the uh I'd also like to provide an update uh on our next step when it comes to uh national flood insurance program and uh I'll let Tracy give you an update
on the CRS. >> Thank you Will. Uh later on today we have a virtual meeting with Paula from Versich who is the third party contractor who works with FEMA to review our community rating system documentation. Um not sure what that
will be but it is a rather lengthy virtual meeting so we hope we get some more direction. In the meantime we have been submitting all the documentation through community development and flood plane management specifically regarding things such as our GIS mapping and you
know GIS is the layering that you can do with maps like you could have boundaries then you can have zoning layers on top of that and so on land use and they review that. They review our vulnerability reports. They review our um
our process for permitting, our documentation for emergency management recovery, etc. And then we are assigned a rating and that equates to a flood insurance discount. Once we receive that leveled rating, we have the opportunity in future years to improve by submitting
additional documentation. So, we're eagerly looking forward to that conversation later on this afternoon and continue to thank the residents for working with community development code compliance to to come into compliance and we can demonstrate to FEMA that our
policies and procedures are working. >> Thank you, Tracy. Um the uh I believe and Tracy and Amy can correct me if I'm wrong. I believe we're going to add one thing to the M&P on Wednesday, the strategic uh uh planning update from Angela Christ. Uh the the current uh
agenda just has two items on there. We had intended to have that on there as well. Do we have enough time noticing wise to get it on there? >> There will be a separate meeting. Um the M&P will have the two items and then there'll be a a separate meeting for the strategic planning. Okay. So, yes, we do have enough time.
>> Thank you. What I would ask is right now we have that meeting set for 12:30, but I would ask Mr. Mr. Mayor and the council that if we get through the other two items in the M&P, we can go ahead and do it a little sooner if you know everybody's present. Just it'll be up to you at the at that moment in time.
>> We're thinking we can get through the two it's two short presentations at the MMP. >> We're hoping by 10 we can be done and start the strategic. >> We'll tatively schedule it for for 10 or soon thereafter. >> Okay. >> And that won't I'm sorry that won't legally have any we don't have to have a
specific time like we do for other meetings. >> No. No, because it's a policy discussion among yourselves. >> Okay. Correct. >> Question. >> And finally, um update on the old town hall property. So over the past several weeks, uh the community uh services
team, Jeff and his team have been working on some uh moving forward with uh um the procurement process, the RFP, RFQ, all that process to um with a identify uh identify, you know, somebody to knock down those piles and uh and
then transition that property into future use for us. And uh that got through. The purchase order was uh Jeff received the purchase order back today and has been talking with the with the contractor who looks like they might be able to start on that work hopefully this week, maybe ne next week the
latest, start knocking down those piles and then compacting uh the rest into uh uh our my current plan is to as as has been discussed is transition that into a town parking area like we have like we did with the lot next door to here uh for the immediate use of that as soon as
that is compacted down. Um, so any questions on that, I'm happy to we're happy to answer. >> Okay, any questions? I think that answered a lot of questions. >> Where where are they going to take the >> sand?
>> If there is excess, uh, Jeff, if there is excess after they compact it down, contractor seems pretty confident that they can compact that down most of it that's there. But, uh, Jeff, go ahead. >> Yeah. So, the Sorry, Jeff Hogy, community services director. Yeah. So, the plan is they'll knock it down. Um
they'll kind of there's two or three different bins there that'll help and actually that material we can use at on future roadway projects, too. So, that was the intent was to use that to do some of the other roadway issues. It's a good base. It would be a good base for,
let's just say, Newton Park uh parking lot or something to to have it as a base. So, we can use that material. Um we'd have to pay to to get it out of here. It is ours. So, they're going to flatten it. Uh, and then what they're going to do is make
sure that we can section it out if we do need it. So, we can actually remove some of it as needed uh in the future. So, it won't just be a parking lot in there. We can actually reuse some of that the material that's there. So, um they to my knowledge they're not going to have to
remove any uh right now and and take it off, but uh yeah, they're going to they said maybe possibly about 2 ft up the parking lot will be. So, it'll be a little bit raised, which is probably actually a little bit good for any kind of tidal flooding that's over there. Um,
but yeah, that's the plan is that's the most cost effective route to take uh for the the town is to just knock it down, compact it, make a parking lot. I I I almost assume it would be kind of like when we put the trailers down on at Bay
Oaks, we made that big pad. I think it's going to be somewhat like somewhat like that, you know, with obviously with with slope driveways. We do have C two catch basins uh as far as drainage goes. It's actually on the um chapel by the seaside. There's two of them uh that we
that are there. They're they're clear. We've cleaned them out. Um so we'll just we'll slope it that way as far as drainage goes. So it won't it won't go in onto um I think tropical shores. Um so we'll make sure the drainage is going into those catch basins uh for that too.
>> Very good. Any other questions or Jeff? >> No. Thanks. That's great. >> All right. >> Nothing further, Mr. Mayor. >> Okay. Uh, town attorney items. >> No items. >> All right. Council members items and reports. John, >> um,
will somebody be addressing uh the concern that Miss Puffer raised about the fuel tanks on the Windham property or? >> Yes. I know that a couple of of my staff members have been uh I've talked with them about going out and taking a look doing a site visit, checking that scene
and and we'll get an answer back to Miss Puffer. >> Thank you. Um I may have to leave early from the MP on Wednesday um as I'll be driving to Orlando for the uh Florida League of Cities Legislative Conference. So I may have to leave around 1 or so. >> Very good.
>> And that's it for me. Jim, >> I didn't have anything, but John tweaked an interest in this Windom property. U maybe Frankie or anyone. Do we have any idea what the status is of of their application to do what they want to do in the interim on the Windham property?
Is it pending out there? Is it uh is it in discussion? Just a just a general status update. >> I'd have to ask Frankie or one of the Jasons to uh come up and address that. >> Thank you. Thank you guys. Jason Green. Uh Jason Smallley is
checking, but I believe that application is in and under review for sufficiency. >> And and and Jason said, Jason Smallley, and I want to put you on the spot, but if you could just give uh listeners just a thumbnail sketch of what we're talking about at this point in time with respect
to their proposal, a general 30 second overview because there's a lot of conversation about what that might look like. There was a lot of original thoughts posited and then it seems like it's evolving. Do you have can you just give us a general overview of where
we're at today as to what they're hoping to accomplish in the interim and this is I think is still an interim solution. >> Good morning. Jason Smallley, Planning and Zoning Department. So, I'm bringing up the most recent uh submission. Uh
originally the plan was presented to us as a uh as a open air tiki hut and then they would have uh parking areas. It was intended to be low intensity until they did the entire redevelopment of the site. But I'm going to bring up the the
development agreement package that was just submitted um that was submitted on the looks like the 4th and it is still under review. And let's see here. >> Sorry to put you on the spot, but there's a lot there's a lot of interest
on the south end on what uh what might be coming. >> You want to come back to us, Mr. Mayor? Unless you've got it, Jason. >> Um, so let me let me bring up the uh the most recent submitt that we have and if we could circle back to this before. >> Okay, fine. Thank you. That's all I've
got. >> We'll come back. Okay. Uh, Rebecca, >> no comments. Scott. >> Uh, just a reminder that we have a our next charter review committee meeting tomorrow at 2 PM. I'm looking forward to that. And then
Saturday is our I don't know how many years, but our annual boat parade. And this year we're going to take two laps around the Back Bay. So looking forward to that. Heard Santa Claus and Mrs. Claus are going to be there. So get ready. Get down there early because it's
it's a great event. always fun. Um, the only thing I had was going back to the town hall property. We don't have to go into discussion about it today, but if we can add it or consensus to add it to a future MMP, you know, we talk a lot about a a certain property owner that has all of the retail space that's
pretty much available on the island. And we're always looking at ways to increase the use of that town hall, the former town hall property. I'd like to put on the MP to have a discussion about potentially giving staff direction to move forward to exploring possible partnership, private p public
partnerships for retail space, uh using the town hall property and maybe there's an opportunity to purchase the adjacent property to to add to it. But, um, you know, if someone's not willing to to help us out, we have the ability to maybe take our take it into our own hands and see if there's a path for us
to provide some sort of retail space for the things that we want to see come back to the island. Um, so I just want to see if there's consensus to add that to a future M&P. I would not only consent to that, I think that's a great idea uh given the challenges with the other two uh retail establishments or plauses if
you will um that are struggling uh for reasons that are beyond human comprehension. Uh but nonetheless, they are. So to your point, Mr. Mayor, I I do like the idea of also seeing if there's a synergy with the Chapel by the Sea property, uh which I believe is still
for sale. So, and so if there's a way to entice someone to come in and utilize our property as well as that Chapel by the Sea property to create some kind of not just retail shops, I think you were talking about I think you're you're inferring and I I think rightfully so
that it would be a place for a dentist office or you know a doctor's office or a physical therapist or you know there's there's there's just a desperate need for re uh retail slash uh sort of office uh health services
>> services and uh it's getting to the point where it's really it's a it's a critical piece of our quality of life puzzle here on the island and obviously fortunately the good news is Santini Plaza is full the bad news is Santini Plaza is full so there's just no more
space uh and and until the and maybe I guess I thought I guess Nancy didn't want to or didn't have any plans to discuss it today. But the legal challenges that we're having with these two plazas, not only are they legal
challenges and their parking challenges, but it's a huge issue in terms of having that retail space sit uh vacant and uh for the most part uh and and and it's causing I mean there's some real public policy concerns that that's causing for our
island in terms of potential rebirth of our island. And uh and that's why I keep pushing and I know that the the uh the actor involved is not uh uh always cooperative slashreasonable. Uh but if there's any way there's a settlement
uh possible uh legally where we could facilitate some development of that property to to to to solve some of the challenges the mayor referenced. I think it's really all hands on deck at this point because that's a that's a that's a future quality of life issue for this
island that really is is impactful and uh well enough said. >> All right, I think we got we only need two, but I think you okay with it, John? >> I'm fine with it. >> All right, that's all I had. Uh back to
you. >> Thank you for the opportunity to go back and look at the at the submission. So uh based on the current submission, the proposal is uh to do the tiki hut. Uh the uses that would that they're uh proposing in the interim use uh would be
for paid parking, restaurant use um and um uh I'm sorry, >> consumption consumption >> and consumption on consumption on premises. So they they're proposing 260 spots, 58 of which are dedicated to the restaurant use. So they would be looking
for immediately uh paid parking on the site. Uh they would be do uh proposing mobile trailers for their restaurant use and their live entertainment. Um and then the actual service ostensibly would be done underneath the uh proposed tiki
hut which I believe is proposed at about 17 7200 square ft. And then behind that would be a proposed coop area which is just a guess about double that space of the of the tiki hut. It's a relatively
large cop area. All seawword of the 1978 CCCL based on their layout here. >> That's very helpful, Jason. Thank you. Appreciate it. >> You said seawword of the >> I'm sorry, land word of the triple CL line. So that it would not implicate the EC problems. Sorry about that.
>> That's all right. Uh is there anything else? >> Move to adjurnn. >> That's it. >> We got a motion to adjurnn. >> Any objection? Seeing none, we are adjourned at 11:15.